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AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND NOVEMBER 13, 2002 Substitute Page ************************************************* Substitute Item 1 Minutes Submittal of the Minutes from the September 10, 2002 and September 24, 2002 Cabinet Meetings. (See Attachment 1, Pages 1-22) RECOMMEND APPROVAL ************************************************* Item 2 Donald K. Gagnon vs. Board of Trustees Settlement Agreement REQUEST: Consideration of the proposed settlement agreement in the case of Donald K. Gagnon v. Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Twelfth Judicial Circuit (Manatee County), Case No. 98-503. APPLICANTS: Division of State Lands and Donald K. Gagnon COUNTY: Manatee LOCATION: Section 2, Township 35 South, Range 16 East CONSIDERATION: Settlement Agreement STAFF REMARKS: This case involves a dispute over the ownership of submerged lands on Palma Sola Bay, Manatee County, Florida. The central question in this case whether Mr. Gagnon or his predecessor in title acquired title to sovereignty submerged lands by operation of law under the Butler Act, Chapter 8537, Laws of Florida (1921) (repealed by implication 1951, expressly repealed 1957). Mr. Gagnon is the owner and operator of the Sunny Shores Marina, which is a small marina adjacent to the Sunny Shores Mobile Home Park. Mr. Gagnon alleged in his original complaint that he was the owner of certain parcels attached as exhibits to the complaint totaling 69,933 square feet. He alleged that by dredging of a boat channel and basin he acquired title to one of the parcels prior to May 29, 1951, and title to the others in the same means prior to June 11, 1957. The Circuit Court originally granted the Board of Trustees Motion to Dismiss for failure to exhaust administrative remedies. The District Court of Appeal (DCA) subsequently reversed the Circuit Court’s Order. In their reversal of the Circuit Court Order, the DCA remanded the case to the Circuit Court for continued action. The case was in abatement during the while the case of City of West Palm Beach v. Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, et al. was before the Florida Supreme Court involving the issue of what constituted a permanent improvement under the Butler Act. During this abatement, Mr. Gagnon also made it clear that in addition to the dredging of a boat channel and basin, a dock was present on the site prior to the repeal of the Butler Act. The case has remained in abatement to allow settlement negotiations to proceed. Rather than
continue with the litigation, both sides recognizing the strengths and
weaknesses in their cases, the costs and length of litigation and the
uncertainty of the outcome of a trial have agreed to a proposed settlement
agreement. The essential terms of the settlement agreement include: 1)
the Board of Trustees will quit claim any right, title and interest it
may have in a parcel of former sovereignty submerged land located in the
position of the original dock over which a dock presently exists (approximately
438.04 square feet); 2) Mr. Gagnon will quit claim any right, title and
interest he may have in any other sovereignty submerged lands adjacent
to the property owned by him; 3) Mr. Gagnon will enter into a sovereignty
submerged lands lease to take effect immediately upon the Board of Trustees
approval of the settlement agreement; 4) Mr. Gagnon will receive a square
footage credit for the area surrounding the ************************************************* Item 2, cont. sovereignty submerged land that the Board of Trustees will quit claim to him in the amount of 879.38 square feet, that being equivalent to the additional area of the dock existing prior to 1951; 5) the lease credit will continue so long as Mr. Gagnon does not transfer or sell the upland riparian area or the leased area, and the lease credit will continue to the benefit of Mr. Gagnon’s heirs; 6)Mr. Gagnon will abide by all terms of the lease and make all lease payments; 7) the Board of Trustees waives all retroactive lease fees and any surcharges that might apply to the lease; 8) Mr. Gagnon agrees that he will make no modifications to his facility without securing the appropriate amendments to the lease; 9) Mr. Gagnon agrees that he will obtain all required permits for modification to the facilities lying on, over or adjacent to sovereignty submerged lands; 10) each party bears its own costs for the recording of documents and attorneys fees and costs; 11) each party agrees to enter into a voluntary dismissal with prejudice of all litigation in this case and releases one another from any other potential claims. (See Attachment 2, Pages 1-32) RECOMMEND APPROVAL OF THE SETTLEMENT AGREEMENT ************************************************* Substitute Item 3 Palm Beach County Option Agreement/ Pal-Mar Florida Forever Project REQUEST: Consideration of an option agreement to acquire 2,118.88 acres within the Pal-Mar Florida Forever project from Palm Beach County. COUNTY: Palm Beach LOCATION: Sections 31 and 32, Township 40 South, Range 41 East; and Sections 33 and 36, Township 40 South, Range 40 East CONSIDERATION: $1,934,360
* $914 per
acre STAFF REMARKS: The Pal-Mar Florida Forever project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 27, 2002. The project contains 35,668 acres, of which 16,995 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 16,554.12 acres or 46 percent of the project will remain to be acquired. Pursuant
to a multi-party acquisition agreement entered into between the Department
of Environmental Protection’s (DEP) Division of State Lands (DSL)
and Palm Beach County (County), the County acquired the properties from
the John D. and Katherine T. MacArthur Foundation (Foundation), with the
Florida Fish and Wildlife Conservation Commission (FWCC) as the proposed
manager. Subsequent to the County acquiring the property, DSL and the
FWCC determined that language in the County bond money resolution, which
was used to acquire the property, could prohibit FWCC from allowing hunting.
Based on this determination, FWCC agreed to partner with DEP in acquiring
the property from the County. If this item is approved, the Board of Trustees
and FWCC will each pay the County 50 percent of the purchase price. ************************************************* Substitute Item 3, cont. All mortgages and liens will be satisfied at the time of closing. The Foundation currently has a mitigation agreement with the County on Parcels D, E and F. The Foundation will release all rights for Parcels D and E prior to closing, but will retain the rights on Parcel F. Therefore, the approved value of Parcel F has been reduced by $64.51 per acre. The mitigation agreement is for a period of 10 years and will expire March 31, 2009. The agreement allows the Foundation to use the property for hydrological enhancement, control of exotic and nuisance plant species, habitat restoration, wetland restoration, and/or relocation of gopher tortoise, bald eagle and/or other endangered or protected animal or bird species provided that any such mitigation activities are at the sole cost and expense of the Foundation and are approved by the County in writing prior to their commencement. There is a flowage easement in favor of the Foundation for the majority of Parcel E, as well as a flowage easement in favor of the Pal-Mar Water Control District for all of Parcel D and E. Parcels D and E have wetlands percentages ranging from 43 percent to 51 percent of the parcels total area. There are two outstanding oil, gas and mineral reservations on Parcels D, E and F. One reservation is in favor of Southern States Land and Timber, and the other is in favor of Rieta L. Westervelt, et al. Based on the title policy when the County acquired the property, all rights of entry and exploration for both the Southern States Land and Timber and Tieta L. Westervelt reservations were extinguished except the east half of Parcel E (Section 32). The appraisers considered all of the aforementioned issues and adjusted the values accordingly. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing. A title insurance commitment, a survey, and an environmental site assessment will be provided by the seller prior to closing. The purchaser will reimburse the seller for the DSL approved costs of the title insurance commitment, survey and environmental site assessment. Agriculture and residential development have reduced natural areas in the interior of southeast Florida to fragments. One of the largest and best fragments, part of what was once a transition zone between pine flatwoods and the sawgrass marshes of the Everglades, will be protected by the Pal-Mar project. This project, by protecting these flatwoods and marshes, will protect habitat for the endangered Florida panther and snail kite, among other kinds of wildlife, will preserve natural lands linking the J.W. Corbett Wildlife Management Area with Jonathan Dickinson State Park, and will provide land to the public of this fast-growing region for hiking, bicycling, camping, hunting and learning about the original nature of this part of Florida. This property will be managed by FWCC as an addition to the Hungryland Wildlife and Environmental Area. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 3, Pages 1-35) RECOMMEND APPROVAL
************************************************* Substitute Item 4 University of Florida Foundation, Inc. Option Agreement/Pineland Site Complex Florida Forever Project REQUEST: Consideration of an option agreement to acquire 48.54 acres within the Pineland Site Complex Florida Forever project from the University of Florida Foundation, Inc. COUNTY: Lee LOCATION: Section 07, Township 44 South, Range 22 East CONSIDERATION: $625,000
* Property
was acquired through a donation from the Randall Estate on July 27, 1994 STAFF REMARKS: The Pineland Site Complex project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 27, 2002. The project contains 206 acres, of which 4 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 153.46 acres or 75 percent of the project will remain to be acquired. The property is subject to a deed restriction limiting the use to charitable, conservation, educational, or scientific purposes. The appraiser considered the deed restriction when determining the value of the property. All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement an appropriate resolution for any title issues that arise prior to closing. A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. Among the rich remains of the Calusa and earlier peoples around Charlotte Harbor, the Pineland Site Complex, with its large mounds and canals and well-preserved remains dating back almost 2000 years, may be the most important – but it is also one of the more desirable areas for development on Pine Island. The Pineland Site Complex project will protect the archaeological site and mangrove swamps near it, preserving a link of natural land to the Charlotte Harbor State Reserve, giving archaeologists the opportunity to continue their research at the site, and giving the public an opportunity to learn how the ancient inhabitants of this fast-growing area lived. This property will be managed by the Florida Museum of Natural History as a research and educational center. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 4, Pages 1-28) RECOMMEND
APPROVAL ************************************************* Item 5 A. P. DeSalvo, Trustee Option Agreement/Estero Bay Florida Forever Project REQUEST: Consideration of an option agreement to acquire 60 acres within the Estero Bay Florida Forever project from A. P. DeSalvo, Trustee. COUNTY: Lee LOCATION: Section 20, Township 46 South, Range 25 East CONSIDERATION: $2,050,000
* Price based
on past application to change the designation of the property on the Future
Land Use Plan of Lee County STAFF REMARKS: The Estero Bay Florida Forever project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 27, 2002. This project contains 15,572 acres, of which 6,342 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 9,170 acres or 59 percent of the project will remain to be acquired. Mr. DeSalvo took title to the parcel as Trustee of the Estero 60 Acre Land Trust on September 24, 1998. Although he had purchased it from the Personal Representative of the Estate of Mabel T. Stephens a/k/a Mabel Stephens, a/k/a Mabel T. Stevens, deceased, it was an arms-length transaction. In the early spring of 1999, Mr. DeSalvo began the process for making application to the Board of Commissioners of Lee County (County Board) to amend the Future Land Use Map from Rural to Outlying Suburban, with plans to construct 120 dwelling units, 2 dwelling units per acre. His application for amendment to the Future Land Use Map was presented in the September 2000 County Board agenda cycle. In September 2000, a boundary amendment to the Estero Bay project was submitted by the Department of Environmental Protection (DEP)’s Office of Coastal and Aquatic Managed Areas (CAMA) and approved at the October 17, 2000 Acquisition and Restoration Council meeting. This boundary amendment included an addition of 160 acres (4 owners of 4 parcels) to the Estero Bay project. Mr. DeSalvo’s parcel was one of the 4 parcels included within the amendment. Shortly after the project had been mapped, and before appraisals were ordered, the Estero Bay Florida Forever project shifted from a category “A” to a category “B” project, and all negotiation efforts with Mr. DeSalvo and other owners were placed on hold. In January
2002, after a fourteen-month process, Mr. DeSalvo’s application
to amend the Future Land Use Map was denied. The County Board made two
recommendations and encouraged Mr. DeSalvo to re-apply in the September
2002 County Board agenda cycle, with the indication that should he comply
with the recommendations, the application would be approved. Mr. DeSalvo
committed to rezoning of the property to Residential Planned Community
with a clustering of units, and providing central sewer to the site. Both
of the appraisals reflect value based on the current Land Use Plan of
Rural and Urban Community as well as the Outlying Suburban (Proposed Land
Use Amendment) with the highest and best use being the residential development
of approximately 120 dwelling units. Under the threat of immediate development,
and in an effort to acquire this critical parcel, DEP’s Division
of State Lands (DSL) staff negotiated and reached an agreement with Mr.
DeSalvo. As part of the negotiations, Mr. DeSalvo agreed to withdraw his
application plans for the 120 dwelling unit development in exchange for
a quick closing. Recently, Mr. DeSalvo notified DSL staff he has proceeded
with his application to amend the Future Land Use Map. Upon approval of
this ************************************************* Item 5, cont. option agreement by the Board of Trustees, and prior to the closing date, he has agreed to withdraw this application. On May 24, 2002, CAMA submitted an application to the U.S. Fish and Wildlife Service for a Coastal Wetlands Conservation Grant. The proposed federal grant assistance for the acquisition of the DeSalvo parcel will be $649,609, or 32 percent of the option price. DEP’s portion will be $1,400,391, or 68 percent of the option price if the grant is approved. On August 27, 2002, the Board of Trustees approved authorization to encumber specific parcels as a condition of the federal grant and was contingent upon the Board of Trustees approving the respective acquisitions. CAMA expects approval of the grant within the next thirty days. Mr. DeSalvo has been advised of the pending application for federal funding and has agreed to the purchase price at less than appraised value. All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement an appropriate resolution for any title issues that arise prior to closing. A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. The parcel is among the remaining essential acquisition properties within the Estero Bay Florida Forever project. The parcel contains pine flatwoods, palmetto prairie and freshwater cypress slough. The Mullock Creek Slough, a cypress slough that occurs in the northeastern and southeastern portions of the parcel, is a part of the greater water body, Mullock Creek, which is a tributary of Estero Bay. The parcel was added to the project boundary primarily due to the need to restore the slough. In addition to the nesting, feeding, roosting, cover and migration resting areas these communities provide, the state-threatened gopher tortoises occur on the property. Additionally, the site contains at least one state-threatened orchid species, the crestless plume orchid. Estero Bay is one of the most productive estuaries in the state, and is the state’s first aquatic preserve, designated in 1966. Its mangroves shelter important nesting colonies of water birds, and feed and protect many aquatic animals. These animals, in turn, are the foundation of a commercial and sport fishery. Important archaeological remains of the Calusa Indians dot the area. Public Acquisition of the Estero Bay project will protect the bay’s water quality, its native plants and animals, its archaeological sites, and will provide recreational opportunities to the people of the rapidly growing Fort Myers area. This property will be managed by CAMA as an addition to the Estero Bay Aquatic Preserve. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 5, Pages 1-31) RECOMMEND APPROVAL Board of
Trustees ************************************************* Item 6 Saddlebrook Downs of Santa Rosa Beach, Inc. Option Agreement/South Walton County Ecosystem Florida Forever Project REQUEST: Consideration of an option agreement to acquire 47.7 acres within the South Walton County Ecosystem Florida Forever project from Saddlebrook Downs of Santa Rosa Beach, Inc. COUNTY: Walton LOCATION: Section 20, Township 02 South, Range 20 West CONSIDERATION: $1,500,000
* The property
was purchased on May 1, 1990 STAFF REMARKS: The South Walton County Ecosystem project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 27, 2002. The project contains 22,674 acres, of which 19,635 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 2,991.3 acres or 13 percent of the project will remain to be acquired. All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement an appropriate resolution for any title issues that arise prior to closing. A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. Where the Gulf of Mexico meets the coast of Walton County is a line of some of the most beautiful beaches and dunes in the world, backed by the sparkling freshwater lakes and pine flatwoods and marshes spreading to Choctawhatchee Bay — one of the largest natural areas on the northern Gulf coast. The South Walton County Ecosystem project will conserve a part of this unique coast and the forest behind it, linking three state parks; protecting several rare plants and rare animals such as the Choctawhatchee beach mouse and red-cockaded woodpecker; and providing residents and tourist a scenic area in which to enjoy many recreational activities, ranging from hunting and fishing to hiking, picnicking, and sunbathing. This property will be managed by Department of Agriculture and Consumer Services’ Division of Forestry as part of the Point Washington State Forest. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 6, Pages 1- 34) RECOMMEND APPROVAL
************************************************* Substitute Item 7 JJK Real Estate Investors, Limited Partnership/Werner-Boyce Salt Springs State Park/Division of Recreation & Parks’ Additions and Inholdings Project REQUEST: Consideration of an option agreement to acquire 27.43 acres within the Werner-Boyce Salt Springs State Park, Division of Recreation and Parks’ Additions and Inholdings project from JJK Real Estate Investors, Limited Partnership. COUNTY: Pasco LOCATION: Sections 20 and 21, Township 25 South, Range 16 East CONSIDERATION: $1,105,000
* The property
was acquired through a foreclosure on June 7, 2000, on a defaulted $1,700,000
mortgage held by the STAFF REMARKS: The Werner-Boyce Salt Springs State Park project has been identified on the Department of Environmental Protection (DEP), Division of Recreation and Parks’ (DRP) Additions and Inholdings List. This agreement was negotiated by DEP’s Division of State Lands on behalf of DRP under the State Parks’ Additions and Inholdings Florida Forever program. All mortgages and liens will be satisfied at the time of closing. Pasco County and the City of New Port Richey have a lift station on the subject property, per a recorded agreement. There is a 20-foot-wide utility easement and an access and utility easement on Tacoma Drive. The appraisers have determined that the lift station and easements have no impact on the value. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing. A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. This property, which is primarily pine flatwoods, will provide the land necessary to enhance the future design capabilities for public uses and facilities at the Werner-Boyce Salt Springs State Park and will also provide the park with direct access to US 19. The property will be managed by DRP as an addition to Werner-Boyce Salt Springs State Park This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 7, Pages 1-32) RECOMMEND
APPROVAL ************************************************* Item 8 Carl E. Wild, et al., Option Agreement/South Savannas/Division of Recreation & Parks’ Additions and Inholdings Project REQUEST: Consideration of an option agreement to acquire 86 acres within the South Savannas Division of Recreation and Parks’ Additions and Inholdings project from Carl E. Wild, et al. COUNTY: St. Lucie LOCATION: Section 01, Township 36 South, Range 40 East CONSIDERATION: $650,000
* Acquired
in the 1950’s and deeded by special warranty deed 9/28/2001 STAFF REMARKS: The South Savannas project has been identified on the Department of Environmental Protection (DEP), Division of Recreation and Parks’ (DRP) Additions and Inholdings List. This agreement was negotiated by DEP’s Division of State Lands on behalf of DRP under the State Parks’ Additions and Inholdings Florida Forever program. All mortgages and liens will be satisfied at the time of closing. The subject property was appraised with access available through an adjoining parcel owned by the seller. The access will be limited to management, maintenance, research and educational purposes only. Public access to the property will be available across adjacent state-owned property. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing. A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. Around Fort Pierce a chain of marshes and lakes separating inland pine flatwoods from the coastal scrub on the high Atlantic Ridge has survived the rapid development of St. Lucie and Martin counties, like a visitor from another time. Public acquisition of the South Savannas project will conserve these coastal freshwater marshes and the nearby flatwoods and scrub so that the wildlife and plants of this area, some extremely rare, will continue to survive and the public can learn about and enjoy this scenic remnant of the original southeast Florida. This property will be managed by DRP as part of the Savannas Preserve State Park. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 8, Pages 1-36) RECOMMEND
APPROVAL ************************************************* Item 9 The Nature Conservancy Charitable Trust Assignment of Option Agreement/St. Joe Timberland Florida Forever Project REQUEST: Consideration of the acceptance of an assignment of an option agreement to acquire 3,866.49 acres within the St. Joe Timberland Florida Forever project from The Nature Conservancy Charitable Trust. COUNTY: Wakulla LOCATION: Sections 20, 21, 25, 26, 28, 29 and 33 through 36, Township 02 South, Range 01 West; Section 31, Township 02 South, Range 01 East; Sections 05 through 08 and 17, Township 03 South, Range 01 East CONSIDERATION: $7,960,000 ($7,910,000 for the acquisition; and $50,000 for the purchase of the option agreement)
* Seller
has held the property for more than 10 years. Property was purchased in
numerous acquisitions along with additional tracts not part of this acquisition. STAFF REMARKS: The St. Joe Timberland project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 27, 2002. This project contains 96,351 acres, of which 38,197.7 acres have been acquired by the Board of Trustees. After the Board of Trustees approves this agreement, 54,286.8 acres or 56 percent of the St. Joe Timberland Florida Forever project will remain to be acquired. Also after approval of this agreement, 879.51 acres or 11 percent of the Wakulla Springs Protection Zone Florida Forever project, of which these St. Joe Timberland project acres are a part, will remain to be acquired. Pursuant to a multi-party acquisition agreement entered into between the Department of Environmental Protection (DEP), Division of State Lands and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase this property from St. Joe Timberland Company of Delaware L.L.C. (St. Joe Company). After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $50,000, which represents the agreed upon compensation to TNC for overhead associated with acquiring the option. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of option agreement further provides that in no event, will the purchase price for the option and the purchase price of the property exceed the DSL-approved value of the property. This acquisition
consists of six parcels. Three of the parcels have no legal access, although
two can be accessed through adjacent publicly-owned property. While there
are outstanding oil, gas and mineral leases, the possibility of mining
is negligible in this area due to the resource protection provided by
the Wakulla Springs Water Quality Ordinance. Also, there are power-line
easements, borrow pits and Department of Transportation drainage easements
on some of these parcels. The appraisers considered all of the aforementioned
issues and adjusted the values accordingly. The Department of Agriculture
and Consumer Services’ Division of Forestry (DOF) and DEP’s
Division of Recreation and Parks (DRP), the future managing agencies,
will be able to manage the parcels with the outstanding oil, gas and mineral
leases, easements, and borrow pits. DRP will need legal access to effectively
manage Parcel C, which lacks legal access at this time. Legal access will
be pursued on this parcel, which contains a sink and is vital to the Wakulla
Springs watershed. St. Joe Company will provide access easements to inholdings
within Parcels D and F at closing. ************************************************* Item 9, cont. All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing. A title insurance commitment and an environmental site assessment will be provided by the seller prior to closing. The purchaser will reimburse the seller’s cost of the title insurance policy and the environmental site assessment at closing. A survey of the property will be provided by the purchaser. Just south of Tallahassee, Wakulla Springs – one of the largest and deepest artesian springs in the world – is now protected by a state park, but the enormous caverns that feed the spring spread far to the north and west of the park. Public acquisition of the Wakulla Springs Protection Zone Florida Forever project will protect the spring by protecting the land above the conduits that feed it, connect the state park with the Apalachicola National Forest, and provide the public an area for camping, hiking, and hunting. Subterranean natural communities are extremely sensitive to changes. Their inhabitants, including many species endemic to Leon and Wakulla Counties, have adapted to stable environments and cannot tolerate even minor environmental changes. Alterations in or near cave openings will often affect the entire food chain within the caves. The area serves as a primary recharge area of the Floridan aquifer that holds most of the region’s potable water supply and the area has a rich archaeological history. The St. Joe Company is one of the largest landowners in Florida. Public acquisition of the St. Joe Timberland project will consolidate the St. Joe Company ownerships already included in other Florida Forever projects, thus helping to preserve large undeveloped tracts of land for native plants and animals and giving the public an opportunity to experience large natural areas throughout north Florida. DOF will manage Parcels D and E that are east of State Road 61 and north of State Road 267 as an addition to Wakulla Springs State Forest. DRP will manage Parcels A, B, C and F as an addition to the Edward Ball Wakulla Springs State Park. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 9, Pages 1- 107) RECOMMEND APPROVAL |
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